Pretrial Justice: Current Trends in Bail and Bail Reform

(408 Ratings)

Produced on: February 08, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 66 minutes
Difficulty Beginner

Jurisdictions around the country are reforming their bail systems to prevent individuals from being jailed solely because they cannot afford the bail that is set - seeking instead to base bail decisions on an individual’s actual risk of avoiding trial or endangering the public. These reforms are often premised on two policies: expanding a judge’s authority to deny bail altogether, in order to allow for “honest” detention, and relying on pretrial risk assessments to gauge an individual’s pretrial risk. Much of this reform has been galvanized by successful federal lawsuits challenging the use of “bail schedules” - predetermined bail amounts set according to a person’s charge - as a violation of the Supreme Court’s rule against wealth-based detention. In other places, budget shortages and jail overcrowding have made reducing pretrial detention a political and fiscal necessity. This moment has been christened the “Third Wave of Bail Reform” by people who have been active in criminal justice reform.

This program, presented by Brandon Buskey, a senior staff attorney at the American Civil Liberties Union who coordinates the organization’s bail litigation, will explore the scale of pretrial detention in the United States, explain the basic constitutional parameters of pretrial release, and survey the most popular policy reforms being advanced in the Third Wave.


Learning Objectives:

  1. Identify the causes and scale of pretrial detention in the United States
  2. Discuss the history, purpose, and law of bail, particularly with respect to Eighth and Fourteenth Amendments
  3. Review the legal and policy implications of preventive detention and risk assessments as bail reform measures

Faculty

Brandon Buskey

American Civil Liberties Union

Brandon has been with the ACLU’s Criminal Law Reform Project since 2012.  His work focuses on reforming pretrial justice, expanding the right to counsel, juvenile sentencing, and residency restrictions for former sexual offenders.  Prior to the ACLU, Brandon worked at the Equal Justice Initiative and the Civil Rights Bureau of the New York State Attorney General’s Office.  He is a 2006 graduate of New York University Law School, where he was a Root-Tilden Kern and AnBryce Scholar.  Following law school he clerked for the Honorable Janet C. Hall of the United States District Court for the District of Connecticut.



Reviews

GL
Gregory L.

Informative presentation.

TW
Teresa W.

Informative and interesting.

AS
Alan S.

Done well.

DC
David C.

material that I knew but the updates were very informative and helpful

ST
Stephen T.

Thorough and informative.

WL
Wanda L.

Very relevant topic

AB
Alan B.

Highly recommended

TG
Tania G.

Excellente speaker

GH
Greg H.

As a former defense attorney, I like to keep abreast of trends and changes in this area of the law. The perspective and insight of the ACLU is always quality

SD
Sandra D.

Very good presentation on a timely subject. BTW, Arizona is working on some bail reform legislation. The Arizona Supreme Court Justice is championing Fair Justice for All reforms which include this.

VM
Vera M.

This was my first experience with lawline, a free course pffering. I have a few questions, but overall I enjoyed the course. Thank you for allowing me to sample your format. That was very helpful.

LF
Lisa F.

Excellent presenter

JF
Jenifer F.

Very informative!

SM
Sarah M.

Excellent overview of the topic

LW
Linus W.

very knowledgeable presenter

AB
Amy B.

Presenter was very well spoken

MW
Melissa W.

This was by far the most prepared, professional, and comprehensive instructor I've had since joining Lawline. I used to prosecute criminal cases in NC and he nailed everything I would expect for this topic, and more. I'll take any course he teaches.

DG
Dennis G.

Very relevant as we are engaged in the process of evaluating our pretrial release practices countywide.

GP
G. Christine P.

He was terrific!!

DH
Diane H.

Excellent speaker

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